The GOP Guantanamo Offensive

by Mosheh Oinounou

House Republicans declared war on the White House Thursday over the plan to close the Guantanamo Bay detention facility, arguing that the potential transfer of terrorism detainees to the U.S. will leave Americans less safe.

"The President has insisted on keeping a campaign pledge that endangers American lives," said Rep. Lamar Smith (R-TX), the top Republican on the Judiciary Committee during a GOP leadership press conference. "The consequences are dire."

Republicans introduced a bill today, the "Keep Terrorists Out of America Act," prohibiting the transfer or release of detainees into the US and requiring Congressional notification and the approval of governors and state legislatures before any prisoners are transferred into the country.

"This bill requires a conversation with the American people as to why these releases or detentions are proper and what we are doing as a nation to ensure that we keep them safe," said John McHugh (R-NY), the top Republican on the House Armed Services Committee.

Republicans argue that the suspects will not only pose a security risk to surrounding communities by attracting breakout attempts and retribution from other members of their groups but will create a huge legal predicament. Smith maintains that the terrorists will be more difficult to prosecute once they are held within U.S. borders because they will be entitled to more constitutional rights in federal courts. He adds that prosecutors will face more stringent evidence requirements during trial making convictions more difficult and their release into the U.S. more likely.

While the GOP terror legislation is unlikely to ever make it to a final vote given Democratic control of the floor, Republicans see the issue as a springboard in order to cast the Democrats as weak on national security and capitalize on polling showing the majority of Americans oppose the transfer of suspects within US borders.

Though the GOP is not alone in their concern about the closure of Guantanamo and nothing is set in stone yet.

Since President Obama announced earlier this year that he plans to close the detention facility by next January, the White House has also faced opposition from Democratic legislators concerned about the prospect of housing some of the most dangerous terrorism suspects in their states or districts.

"Not on my watch," Sen. Max Baucus (D-MT) recently told reporters in response to news that local officials from a Montana town said they were willing to house some of the terror suspects.

At issue this week is a White House war funding request that includes $80 million for the transfer of the suspects and the closure of the facility.

House Democrats passed the $96.7 billion bill through committee Thursday but left out the Guantanamo cash request and adopted a provision requiring President Obama to deliver a "comprehensive plan" explaining the future of Guantanamo and plans for the detainees to Congress.

The full House will vote on the bill next week and then the fight will head to the Senate where the Democratic leadership has yet to decide whether to fund the Guantanamo request.

Sen. Tom Harkin (D-IA), a senior member of the Senate Appropriations Committee, told Fox's Trish Turner on Tuesday that he thinks the support "is there to save the money for closing Guantanamo."

"I never could understand about why people are afraid of these (detainees) being in jail. You know, it's like, they cant go anywhere. You put them in security. Do they think they're going to create some kind of activity outside the prison? I mean, that never made sense to me. They're in jail. they're in jail," he said.

Sen. Carl Levin (D-Mich.) added Thursday that if the United States could find places to house some of the prisoners both at home and abroad, it is plausible to close the facility by January but reiterated that there will be no risk to American citizens.

"(The detainees are) not all going to be released, obviously. There are people there that need to be detained and need to be tried on criminal cases. The exact number, what proportion is unknown. That review is going on now. But that's a good goal. And if there's a reasonable level of cooperation from other countries and if we can find some states that are willing to take some of those prisoners, it's achievable," he said